CHAPTER 29. AWARDS AGAINST RAILROAD CARRIERS
IC 8-4-29
Chapter 29. Awards Against Railroad Carriers
IC 8-4-29-1
Complaint or petition; order of commission
Sec. 1. If, after hearing on a complaint or petition filed with the
Indiana department of transportation, the department determines that
a party complainant is entitled to an award of damages for the
violation of the laws of this state prescribing the duties and powers
of the department, the department shall make an order directing the
carrier to pay to the complainant the sum to which the complainant
is entitled, on or before a day named, and stating the sum. No order
shall be made if the carrier has made reparation to the complainant
for the injury alleged to have been done. In connection with damages
or reparation sought for the assessment and collection by a railroad
of unreasonable or otherwise improper charges for the transportation
of property within Indiana, if the facts material to the question are set
forth in written verified statements by the parties involved and the
facts are not in controversy, the department, after investigation and
in its discretion, may waive hearing and dispose of the case by order,
as provided in this chapter.
(Formerly: Acts 1913, c.273, s.1; Acts 1955, c.176, s.1.) As amended
by P.L.384-1987(ss), SEC.50; P.L.18-1990, SEC.58.
IC 8-4-29-2
Action against carrier
Sec. 2. If a carrier does not comply with an order for the payment
of money within the time limit in an order, the complainant (or a
person for whose benefit the order was made) may file, in the circuit
or superior court of a county into or through which the road of the
carrier runs, a complaint setting forth briefly the causes for which the
complainant claims damages and the order of the Indiana department
of transportation in the premises. Such suit shall proceed in all
respects like other civil suits for damages, except that, on the trial of
the suit, the findings and order of the department shall be prima facie
evidence of the facts therein stated, and the complainant, if the
complainant prevails, shall be allowed a reasonable attorney's fee,
collected as a part of the cost of the suit. No proof of the findings and
order of the department shall be required unless the allegations in the
complaint concerning the same are specially denied by a pleading
under oath.
(Formerly: Acts 1913, c.273, s.2.) As amended by P.L.384-1987(ss),
SEC.51; P.L.18-1990, SEC.59.
IC 8-4-29-3
Limitation of actions
Sec. 3. All complaints for the recovery of damages shall be filed
with the Indiana department of transportation within two (2) years
from the time the cause of action accrues. A complaint for the
enforcement of an order for the payment of money shall be filed in
court within one (1) year from the date of the order.
(Formerly: Acts 1913, c.273, s.3.) As amended by P.L.384-1987(ss),
SEC.52; P.L.18-1990, SEC.60.
IC 8-4-29-4
Joinder of parties; service of process
Sec. 4. (a) In suits filed under this chapter, all parties in whose
favor the Indiana department of transportation may have made an
award for damages by a single order may be joined as plaintiffs, and
all the carriers that are parties to the order awarding damages may be
joined as defendants. The suit may be maintained by joint plaintiffs
against joint defendants in a county where one (1) of the joint
plaintiffs could maintain a suit against one (1) of the joint
defendants. Service of process against one (1) of the joint defendants
as may not be found in the county where the suit is brought may be
made in any other county of the state as provided by law.
(b) In case of a joint suit, the recovery, if any, may be by
judgment in favor of one (1) or more of the plaintiffs against one (1)
or more of the defendants found to be liable to the plaintiff or
plaintiffs.
(Formerly: Acts 1913, c.273, s.4.) As amended by P.L.384-1987(ss),
SEC.53; P.L.18-1990, SEC.61.
IC 8-4-29-5
Cumulative effect of chapter
Sec. 5. The provisions of this chapter are cumulative to all other
rights and remedies of the parties and all other powers of the Indiana
department of transportation.
(Formerly: Acts 1913, c.273, s.5.) As amended by P.L.62-1984,
SEC.83; P.L.384-1987(ss), SEC.54; P.L.18-1990, SEC.62.